What is Compassionate Care Leave in Alberta?
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What is the Meaning of Compassionate Leave in Alberta?
While the term “compassionate leave” is often used generally to describe time off for family emergencies or deaths, in Alberta law, it refers specifically to the Compassionate Care Leave program under the Employment Standards Code. It is distinct from bereavement leave (which occurs after a death) because it is intended for the care of a living family member whose health is terminal.
How Much Leave Can I Take?
In Alberta, eligible employees are entitled to up to 27 weeks of unpaid leave.
- Instalments: The leave can be broken into multiple periods, but each period must be at least one week long.
- Timeline: The leave ends when the family member dies, the 27 weeks are exhausted, or you stop providing care.
- Eligibility: You must have worked for the same employer for at least 90 days to qualify for job protection.
Who Is Considered a Family Member?
Alberta defines “family member” broadly for caregiver leave. This includes:
- Spouses, common-law partners, and adult interdependent partners.
- Children, step-children, and wards.
- Parents, step-parents, and foster parents.
- Siblings, grandparents, and grandchildren.
- Many extended family members, including aunts, uncles, and nieces.
How to Apply for Compassionate Care Leave in Alberta
To secure your job-protected status, you must follow these steps:
- Provide Written Notice: You must give your employer at least two weeks’ written notice before starting the leave. If an emergency makes this impossible, provide notice as soon as possible.
- Obtain a Medical Certificate: A physician or nurse practitioner must issue a certificate stating the family member is gravely ill with a significant risk of death within 26 weeks.
- Specify Return Date: Your notice should include your estimated date of return to work.
Your Rights and Job Protection
It is illegal for an employer to terminate or penalize you for taking Alberta compassionate care leave.
- Reinstatement: Your employer must return you to your same job or an equivalent position with the same pay and benefits.
- Continuous Service: You are considered “continuously employed” during your leave for the purposes of calculating seniority and years of service.
- Termination Protection: You can’t be laid off while on leave unless the entire business suspends operations.
EI Compassionate Care Benefits
While the provincial leave is unpaid, you may qualify for federal Employment Insurance (EI) benefits.
- Amount: In 2026, EI pays 55% of your earnings, up to a maximum of $729 per week.
- Duration: You can receive up to 26 weeks of EI benefits, which can be shared among family members.
- Requirement: You generally need at least 600 insurable hours of work in the previous 52 weeks to qualify.
Has Your Employer Denied Your Leave or Changed Your Job?
If you have been fired, demoted, or threatened with termination because you requested a leave to care for a loved one, you may be a victim of a workplace reprisal or wrongful dismissal.
The employment lawyers in Alberta at Samfiru Tumarkin LLP are here to protect your rights during this difficult time. Do not sign any severance offers until our team has reviewed your situation.